162 Cal. App. 2d 607 - Gardiner v. Gaither’s Empirical Analysis
1958
Citation profile
11 federal appellate · 27 state decisions
How this case has been cited
Cited by 44 later decisions — most recently September 2013 · most notably Brobeck, Phleger & Harrison v. Telex Corp. (1979), 13 Cal. 3d 374 - Associated Creditors' Agency v. Davis (1975)
11 federal appellate · 27 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 28 Cal. 2d 790 - California Physicians' Service v. Garrison · 125 Cal. App. 2d 827 - Schessler v. Keck · 106 Cal. App. 2d 381 - Constans v. Ross · Geary Street, Park & Ocean Railroad v. Rolph · 96 Cal. App. 322 - San Joaquin Light & Power Corp. v. Costaloupes
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellants [the original three men] place some reliance on the provision [in the contract that created the five-man partnership] that neither contracting party was to be liable the debt, default, undertaking, contract or tort of the other. Whatever effect such provision may have had as between the partners themselves, it can have no effect on the partners' liability to third persons.”
1 later decision quote this exact passage“an agreement to accept, in extinction of an obligation, something different from or less than that to which the person agreeing to accept is entitled.”
1 later decision quote this exact passage“the [original] obligation is not extinguished until the accord is fully executed, even though the parties to the accord are bound to execute it.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.